SEC. 43-21-609. Authorized dispositions, neglect or abuse.
In neglect and abuse cases, the disposition order may include any ofthe following alternatives, giving precedence in the following sequence:
(a) Release the child without further action;
(b) Place the child in the custody of his parents, a relative or otherperson subject to any conditions and limitations as the court may prescribe.If the court finds that temporary relative placement, adoption orfoster care placement is inappropriate, unavailable or otherwise not inthe best interest of the child, durable legal custody may be granted bythe court to any person subject to any limitations and conditions the courtmay prescribe; such durable legal custody will not take effect unless thechild or children have been in the physical custody of the proposed durablecustodians for at least one (1) year under the supervision of the Departmentof Human Services. The requirements of Section 43-21-613as to disposition review hearings does not apply to those matters in whichthe court has granted durable legal custody. In such cases, the Departmentof Human Services shall be released from any oversight or monitoring responsibilities;
(c) Order terms of treatment calculated to assist the child and thechild's parent, guardian or custodian which are within the ability of theparent, guardian or custodian to perform;
(d) Order youth court personnel, the Department of Human Services orchild care agencies to assist the child and the child's parent, guardianor custodian to secure social or medical services to provide proper supervisionand care of the child;
(e) Give legal custody of the child to any of the following but in noevent to any state training school:
(i) The Department of Human Services for appropriate placement; or
(ii) Any private or public organization, preferably community-based,able to assume the education, care and maintenance of the child, whichhas been found suitable by the court. Prior to assigning the custody ofany child to any private institution or agency, the youth court throughits designee shall first inspect the physical facilities to determine thatthey provide a reasonable standard of health and safety for the child.
SOURCES: Laws, 1979, ch. 506, Sec. 67; 1980, ch. 550, Sec. 24,eff from and after July 1, 1980. Laws, 1994, ch. 473, Sec. 3, eff fromand after July 1, 1994; Laws, 1998, ch. 407, Sec. 3, HB 128, eff July 1,1998. Amended by Laws 1999, Ch. 569, Sec. 3, SB2310, eff. from and afterpassage (approved April 21, 1999).
PREVIOUS VERSIONS: Pre-1999